NINETEENTH CONGRESS ) REBUBLIC OF THE PHILIPPINES —) First Regutar Session } HOUSE OF REPRESENTATIVES Taodced by Representative Rufva 8, Rowiguse House ain we, 3300 EXPLANATORY NOTE This bill was filed during the 18 Congress and was approved by the House of Representatives, The 1887 Constitution provides that the prime duty of the Goverment is to serve and protect the people. It further provides that the maintenanes of peace and arder, the protection of Ife, liberty, and property, and the pramotion of the general weltare are essential for a democratic government Despite numerous developments in technology and communicaten, there are several antiquated laws in cur statute Books which are no longer relevant to modern times, One of them i8 Commonwealth Act No. 613, otherwise known as the “Philippine Immigration Act af 1840", Although some amendments and revisions have been effected to this law’, many of its provisions have ceased to be responsive to present day conditions and realities, and there are stil many problematic ereas and concerns that have not been adequately addressed. The Bureau of Immigration acts as the chief repository of all immigration records pertaining to. eniry, temporary sojouth, admission, residence, registration and departure of all foreigners in the country. As the country's frontline law enforcement agency, the Bureau af immigration holds the primary ‘og of regulating the movement of persons to and from the country and securing the tranquility of the: State against foreigners whose presence or stay may be deemed threats to national secunty, public safety, public movals and public health. Events of recent years have disclosed that many aliens in the country have been involved, at ‘one time or another, in arganized crimes Ike illegal recruitment, prostitution, drug trafficking, terrarism, human smuggling end the like, all of which greatly resulted in the general impression of both Filipinos. fand foreigners alike that same aliens have contnbuted to sufficient degree to the rise in criminality in our county, This propesed bill sims to amend or revise the Commonwealth Act No, 613 or the "Philippine Immigration Act of 1940" to be more responsive to the developments and challenges of migration anc immigration requiring a wider scape of functions and jurisdiction ‘The Bureau also seeks the expansion of the Immigration’s organizational structure and upgrades the existing pasitans of immigration personnel and administrative staff to adequately meet the country’s rapidly increasing immigration services, Inwew ofthe foregoing, the immediate approval of this bill is hereby sought RUF VEZNINETEENTH CONGRESS ) REPUBLIC OF THE PHILIPPINES — ) First Regular Session ) HOUSE OF REPRESENTATIVES introduced by Representative Rufus B. Rodriguez House amt Ne, 3300 AN ACT MODERNIZING THE BUREAU OF IMMIGRATION BY DEFINING ITS POWERS AND FUNCTIONS, FURTHER PROFESSIONALIZING ITS ORGANIZATION, UPGRADING THE COMPENSATION AND BENEFITS OF |TS OFFICIALS AND EMPLOYEES, AND APPROPRIATING FUNDS THEREFOR: be it enacted bythe Senate and House of Representatives of the Philippines in Congress assembled: TITLE! GENERAL PROVISIONS SEC. 1, Short Title, — This Act shall be known as the “Bureau of immigration Mociernization Act SEC. 2, Declaration of Policy. — in the conduct ofits relations with other States, the Philippines shail ‘ive paramount consideration ta national sovereignty, territorial integrity, national secunty, nationai interest, tha rightto solt- determination, the enhancement of economic wipiomacy, and the protection of overseas Filipinas in destination countries as itadheres to the policy of peace, cooperation, and amity with all nations, ‘To this end, Philippine immigration policies, rules and reculations under this Act shall be applied and administered as instruments fer the promotion af domestic and external interests of the Philippines, in reexgnitian of, (a) the necessity for encouraging and enhancing capital investments, trade and commerce, cultural exchanges and other forms of friendly relabans and cooperation; (b) the need to support technological and scientific development in the country {c) the goal to promote the conditions for social welfare and economic secunty af the people: (d) the fulfilment of obligations andi comptiance with standards set by international law in the admission or exclusian of foreign nationals: fe) the modernization of siruciures and mechanisms necessary for the administration of immigration laws in keeping witn the changing demands of the country’s role in the glob! community, and {the professionalization of the immigration service by instituting a rigid system of screening and selection of immigration offciais and employees and promoting their development SEC. 3. Definition of Terms. — As used in this Act (a) Admission refers to the process by which a foreign national arnving at a pert of entry in the Philippines is allowed into the country whereby 2 status or entry eategary is granted by the immigration authorities, (tb) Border Controt Otficer refers to any person authorized to man the Border Control Checkpoints as provided In this Act, (c) Captain refers to the master of a vessel or pilot of an aircraft; (a) Child or childron refers to a person or persons below eighteen (18) years of age; (€) Citizen refers to-any person who is a citizen of the Philippines under Section 1, Atticle IV of the Constitution of the Republic of the Philipines; () — Commissionerrefers ta the Commissioner of the Bureau of immigration: fg) Commitment Onder refers to an order Issued by the Commissioner under this Act that directs the taking into custody of a foreign nabonal after it has been determined that 2mH a (6) wy im) fo) (0) ip) fa) probable cause exists that the foreign national committed acts or omissions in violation of Philippine immigration laws, rules snd regulations, or during the pendency of deportation proceedings against such foreign national. Provided, That such Custody shail not exceed three (3) mocths, unless there exists cther legal grounds for continued custody Consular Officer refers to any consular, dipiomatic, or other officer af the Department of Foreign Affairs (DFA) who has been duly granted 2 consular commission for the purpose of issuing visas under this Act; Derogatory Information refers to details about persons and éavel documents relating to immigration consisting of the following: (1) Blacklist Order refers to an order issued by the Commissioner that prevents & ‘reign nationat from entering the territorial jurisdiction of the Philippines; (2) Hold Departure Order refers to an order issued by the Commissioner preventing & foreign naticnal from leaving the territorial jurisdiction of the Philippines in cases ‘here bail or recognizance is granted pending implementation of a Deportation Order, oF @ directive implementing an order issuod by the appropriate court preventing a persen from leaving the territorial jurisdiction ef the Philippines; and (3) Monitor Grder reters to an order issued by the Commissioner under thes Act that requires immigration personnel ts manitor the travel of any parson for a period of ‘mirty (80) days, and to nolfy the concemed government agencies af the Philippines: Entry refers to the arrival of a foreign national into any designated port of entry in the Philippines from a place outside the Philippine territorial jurisdiction. A foreign national having a lawful permanent residence in the Philippines shall not be regarded as making an ‘entry for the purpose of this Act if such foreign national proves that the departure to a place ‘outside the Philippines was fora temporary or limited period, or the continued absence ‘rom the Philippines was occasioned by deportation proceedings, extradition, ar any other legal process, Exclusion refars tothe act of immigration Officers. denying admission of 2 foreign national inte the country on grounds provided in this Act, Foreign national o¢ alien refers to any person who is not a citizen of the Philippines; Immigrant refers to any foreign national, other thar’ a non-immigrant,-granted resident status in the Philippines under the provisions of this Act and other [aves granting immigrant status, Jimenigration laws reler te this Act and other laws presently existing or which may hereater be enacted relating to the movement ofnatural parsons to and from the Philippines: Immigration Officer refers to any person appointed under Title Il, Chapter 8 of this Act or any employee designated by the Commissioner to perform the powers, duties and functions ofan immigration Officer as specified under this Act, Nonimmigrant refers to any foreign national who is allowed entry and admission into the Philippines for a temporary or limited period of stay, Nor-refoulement refers to @ principle of international law which prohibits the forced or involuntary return of refugees or those seeking asylum in the Philippines to a state or territory where there are valid reasons ta believe that ine hile Or freedom of such refuges oF ‘asylum seeker would be threatened on account af race, religion, nationality, membership ina particular social group, or political opicion,(1) Passport refers to @ document issued by = government to its citizens requesting other ‘govemments to-allaw such eitzens to pass through or enter info a territory of other states safely and freely, subject to pertinent rules and regulations, (8) Person refers to a natural person or a juridical person such as partnerships, comorations, ‘companies, and associations (Port of entry refers to any port designated by the Commissioner thraugh which a foreign national may enter or exit the Philippines (u) Refugee refers te 9 person who, owing to & well-founded fear of heing persecited for reasons of race, religion. natianalty, membership in @ particular social group, or politcal opinion, is outside such person's country of nationality, and is unable or, owing to-such fear, Uunwiling to avail of the protection of that country: of 8 person wn, net having a nationality and being auiside such person's country of former habitual residence, is unable or, owing fo such fear, unwilling to return to it (¥) Seaman, Seafarer ar Grewmember refers to 2 person actuslly emplayed in the operation + service in any capacity on board a wessel (ee) Statoless person relers to # person who Is not considered a national by any state under the Operation of its tas (x) Travel document refers to a certification or identifying document containing the description and other personal circumstances of its bearer issued by & government to individuals for travel purpases; (v) — Vesselrelers to alt means of conveyances, whether airoraft or sea craft, and (2) Visa refers to sn endorsement on a passport or any travel decument issued by a Consular Officer abroad authorizing the holder thereot to proceed to exdesignated port af entry in the Philippines and there, to apply fcr entry and admission under the status specified therein: or an endorsement an a passport or any travel document granted by the Commissioner ot the Board under this Act, or by eny other person authorized by exsting laws. TITLE I THE BUREAU OF IMMIGRATION CHAPTER 1 THE BUREAU SEC.4, Overview, —The Bureay of immigration, hereinafterrelerred to asthe "Bureau", shallbe unser the control and supervision cf the Department of Justice (DOJ). The Bufeau shall ibe principally responsible for the administration and enforcement of this Act, and the implementation of all avs, rules and regulations, or orders of any competent autharity concerning the entry and admission into, Stay in End the departure from the Philippines of all persons. The Bureau may Seek tne assistance of other ‘government entiies in the enforcement of laws, rules and reguiations relating to immigraton, border ‘contrel, and anti-trafficking in persons (CHAPTER 2 ‘THE BOARD OF COMMISSIONERS: SEG. 5, Composition and Qualifications. — The Bureau shall be administered by the Board of ‘Commissioners. hereinafter referred te as the Board, headed by the Commissioner as Chasrperson, ‘and two (2) Deputy Commissioners as members, all of whom shail be hatural-bom citizens of the Philippines, holders of a college degree, with proven capacity for administration and, at the time of their ‘appointment, at least thiry-five (35) years of age’ Provided, Thal at least ane of the members shalt be ‘2 member of the Philippine Bar in goad standing for at least five (5) years prior to the appointment: Provided, further, That at ieast one (1) member of the Board shall come from the ranks of the BureauSEC. 6, Powers and Functions, - The Board shall have the following powers and functions: (a) Decide on applications or cases relative to: (1) Deportation: (2) Revocation of immigration status: (3) Reacquisttion and retention of Philippine citizenship under Republic Act No. 9225, otherwise known as the ‘Citzenship Retention and Reacquistion Act of 2003" and such laws as may hereatter be enacted on the subject (4) Issuance and revacaton af all visas and permits, (5) Declaration of indigence: and 18) Legalization of residence in accordance with law. {b) Cite and punish for contempt in ralation tothe discharge of its quas-judioial functions, in accordance with the Rules of Court fe) Preseribe and promulgate rules of procedure for proceedings before It {6) Prepare and publish operations menuals, including schedules of fees for ail ransactions ‘entered into by the Bureau with the public, le) Formulate policies, directives, programs and projects of the Bureau; and {f)_ Such other powers and functions as provided in this Act and other existing laws, rules and regulations not inconsistent with any of the provisions.of this Act SEG. 7. Decisions. — All casas or proceedings before the Board shall be decided with the concurrence ‘af the majority of the members of the Board Decisions of the Board shall become finet and executory fiheen (18) days from receipt thereat by the concerned parties, Only one (1) motion for reconsideration shall be allowed, SEC. 8. Period for Decision. - The Beard shail decide deportation cases within sixty (60) days from the date they are submitted for resolution Decisions in depottation cases may be appealed to the Secretary of Justice within fifteen (15) days from receipt thereof by the concerned party. The decision of the Secretary of Justice may be appealed to the Office of the President within (£5) days from receipt of judgment. The decision of the Board shel become execulory after thinty (30) days from promulgation, unless within such periad the Presicent shall order the contrary SEC. 9, Meotings. In all cases, the Board of Commissioners shall convene and ac! as a cofegial body in all matters referred to in Section 6 of this Act The Board shall meet at least once a week or, iF nacessary, twice a week. Members of the Board shall be noliied accordingly and the presence of the Chairperson and one (1) member shall constitute 2 quorum CHAPTER 3. ‘THE COMMISSIONER AND THE DEPUTY COMMISSIONERS SEC. 10. Appointment of tha Commissioner — The Commisaicner shall be appointed by the President and shall have the sare rank, salary, and privileges of en Undersecretary of a Department SEC. 11. Powers and Duties of the Commisstoner, — In adcition to the dues as Chairperson of the Board of Commissioners, the Commissioner shall also undertake the following ) Supervise, direct end coordinate the overall operabans of the Bureau, {b) Exereise contral and supervision over the officers and personne! of the Bureau. including the power to appoint. promote, and reassign personnel, subject fo cvil service laws, rules and feguiations: Provided. That promotions and appointments to positions of Division Chiefs enc above shall be made by the Secretary of Justice upon the recommendation of the Gommissioner {c) ssue the following {1) Mission Orders, after determination of the existence of probable cause far the purpose of ‘deportation; (2) Commitment or Release Orders, (3) Warrants of Deportaton, {4) Orders to inspect the documents, premises, and records of persons covered by this Act 5ang (5) Derogatory information orders defined in Section i) of this Act () Delegate authority to subordinate immigration personnel and emiplayees of the Bureau, except the powers and functions enumerated in peragraph (c) ofthis section, which may be delegated only to a Deputy Commissioner (2) Acton applications for extension of visas with the concurrence of the Board; (f) Acton applications for study and work permits (a) Control the opening and ciosure of posts, landing places, airports or ports classified as points of entry or exit, whether limited of unlimited: (h) Increase, reduce, or waive immigration fines, penaities, and other charges: (i) Jssue Certificates of Naturalization to foreign nationals whe have been granted Philippine citizenship, () Promulgate rules and regulations as may be necessary or proper for the effective discharge Of the duties and responsibilities of the officials and personnel of the Bureau, and for the eflective exercise of the powers and functions of the Bureau; (k) Deputize, subject to the concurrence of the Board, any official o employee of the naticnal ‘government and local gavernment units, including uniformed personne! af the Armed Forces of the Philippines. the Philippine National Polige, and the Philippine Coast Guard to assist immigration personnel in the performance of their duties and functions, (1) Seek the assistance of relevant government agencies for intelligence data gathering and shanng, (m) Authorize and prescribe, with the concurrence of the Beard, the form and the amount of cash bonds far the provisional release of respondents in deportatian proceedings; (n)_ Impose reasonable fines and penalties for violations of immigration and alien registration laws in aecordance with this Act and the quidelines adopted by the Board. {0} Accept donations of materials, equioment or technical services trom any foreign government, international or domestic organization, to upgrade the efficiency and operations of tna Bureau, (o) Provide an express lane system for the rendition of services peformed for individuals and entiies upon payment of fees that may be presciibed, and deposit in an authorized ‘government depositary bank such fees received under a trust fund subject to audiling and ‘accounting rules. fity percent (50%) af which shall be rade available for the augmentation of ‘he salaries ofthe employees of the Bureau, and fity percent (60%) of which shall be remitted to the national treasury {a) Submit to the President and to Congress, annually or as may be directed, @ report an: (1) the number and status of foreign nationals in the Philippines, {2} foreign natonais asmitted or granted change of status as permanent residents, 3) foreign nationals wha have been excluded or deported from the Philippines, {4} the estimated number of legal foreign nationals in the Philippines in each calendar ‘yer and actions taken to arrest them, grouped by cationality, for each ragion in the Philipines: andl (5) such ather transactions ef the Bureau; 1A) Determine the manning levels of Immigration Officers of the Bureau nationwide in accordance with the number of arrivais in each port of entry as determined by the Board: Provided. That for every three hundred (300) passengers, there shel be one (1) Immigration Officer in an eight-hour shift(s} Exercise disciplinary authority over personnel of the Bureau charged with less grave and light administrative offenses, in accordance with the Revised Rules on Administrative Cases in the Civ Service (RRACS). Provided, That the disciplinary autonty over those charged with grave administrative offenses under RRACS shall belong to the Secretary of Justice; (t) Prepare and submit 2 supplemental budget, if necessary, for the consideration of the Department of Budget and Management (08M) and Congress: (u) Prescribe, with the concurrence of the Board. the appropriate forms, bonds, reports, entries and other papers im accordance with this Act, (v) Require all vessel operators to submit advance passenger information in the form prescribed by the Baars, and preseribe ponalty for the violation hereof (Engage foreign counterpests pertaining to herder contral, and (0) Perfarm such other functions inherent to the Bureau, SEC. 12. Appointment and Rank of Deputy Commissioners. — There shail be two (2) Deputy Commissioners who shall be appainted by the President. They shall have the rank. salary and privileges ofan Assistant Secrotary of a Department SEC. 13. Duties of Deputy Commissioners. ~ In addition to their duties as members of the Board the Geputy Coeimssioners shall supervise a minimum of two (2) Divisions and one-(1) regional office each a8 may be determined by the Commissioner. CHAPTER 4 THE INTERNAL AFFAIRS SERVICE SEC. 14. Qualifications of the Director, intemal Affairs Service (IAS). ~ An Internal Affairs Service {IAS} of the Bureau is hereby created which shall be headed by a Director who must be & natural-born ‘citzan of the Philippines, at least thity (36) years of age and a member of the Philippine Bar in geod ‘standing for at least five (5} years prior to the appointment. SEC. 15. Powers and Functions. The IAS shail have the following powers and functions: (a) Conduct inspections and aualt over personnel and units of the Bureau. (b) Receive edministrative complaints against all Bureau personnel, and indorse to the Office of the Secretary of Justice complaints fled against personnel who are subject to the disciplining authanty of the Secretory, {c) Conduct summary hearings of administrative cases against personnel appointed and prometed by tne Gommissianer, (4). investigate compiainis and gather evidence in support af an investigation {e) File appropriate criminal cases against Bureau personnel before the court as evidence warrants and assist in the prosecution of such eases, and () Provide assistance ta the Office of the Ombudsman in eases involving the personnel af the Bureau CHAPTER 5 THE BOARD SECRETARY SEC. 16. Qualifications. - ‘There shall be a Board Secretary of the Board of Commissioners who must be a natural-bern citizen of the Philippines, at least thirty (30) years of age and a member af the Philippine Biar in good standing for at lsast five (8) years prior to the appointment. SEG. 17, Powers and Duties. ~ The Board Secretary shall ‘a) Attend and take the minutes of all meetings of the Board, {b) Prepare the agenda for the deliberation of the Board on vise applications; fe) Prepare the agenda for the deliueratian of the Board on deportation cages as endorsed by @ member of the Board after initial review,(d) Implement the decision of the Board approving visa applications, including revalidation: (e) Keep and manage all records of the deliperation of the Board, (8 Advise tha members of the Board on all matters relative to compleance with relevant laws end Tequiraments of regulatory authorities; and (9) All other functions as may be directed by the Goord CHAPTER 6 THE BOARDS OF SPECIAL INQUIRY SEC. 18. Creation of the Boards of Special Inquiry. ~ There shall be created up to five (5) Boards of Special Inquiry (BSI) as required inthe exigency of service es determined by the Board. Each BSI shail be composed of a Chairperson and two {2) members. The SSI shall be designated according to their areas of specialization lo be determined by the Board SEC. 19. Appointment and Qualifications of the Chairpersons and Members of the BSI. — The Chairpersons and members of the BSI shall be appointed by the Commissioner, shall be natural-born citizens of the Philippines and, atthe bme oftheir appointment, at feast thirty (20) years of age, members. of the Philippine Blar in good standing and have been engaged in the practoe of law for at last thrae (3) years prior to appointment SEC: 20. Powers and Functions, ~The BS! shall (a) Recommend to the Board of Commissioners for final resolution cases and applications relative to (1) Deportation (2) Revocation of immigration status, and (3} Legalization of residence in accordance with law, {b} Recammend to the Commissioner for appropriate action cases and applications relative to: (1) Cancellation of alisn certificates of registration by marriage. and (2) Issuance of alien certiicates of registration to refugees; 2) Issue subpoena in cases being heard by the BS! {d)._ In the exercise of its quasi-udicial power, cite and punish persons ‘or contempt in accordance: wwith the Rules of Court {e) Recommend to the Board the imposition, waiver or reduction of fees, fines, penalties and other charges, subject ta existing laws, rules and regulations {f) Adeoinister eaths in connection with the performance of thelr duties, as may be authorized by the Board; {g} Promulgate rules and regulations governing matlers within its assigned mandate, subject 70 the approval of the Board, and {h} Parform such other duties and functans as may be directed by the Commissioner or the Board of Commissioners. SEC. 21. Proceedings. ~ The proceedings before the BSI shall be publie and recorded, In all cases, the BS! shall meet and act as a collegial bady. Only members of the Philippine Bar in good standing may appear for and in behalf af any party befare the BSI. SEC. 22, Resolution of Cases. — Cases before the BS! shall be resolved within five (5) working days. from the date the cases are submitted far resolution, The resolution of the BS! shall be submited immediately to the Board for action. SEC. 23. Creation of Positions - The positions created under the BS! shall have the following classification and salary grades. (_“BEsrenaTION [SALARY GRADE] [_ ‘Chairperson I 25 1 Members - "=eCHAPTER 7 DIVISIONS AND OTHER OPERATING OFFICES OF THE BUREAU SEC. 24. Divisions and Other Operating Offices of the Bureau. — The Bureau shall have the following Divisions and ather operating offices, namely: ‘A. DIVISIONS: (1) Administrative: (2) Alien Registration (3) Finance and Logistics: (4) Human Resource Management and Development (6) Immigration Regulation, (6) Information and Communteations Technology (7) Immigration Intetigence: {8} immigraton Law Enforcement, (9) Legal Affans, (10) Immigratan Operations, ang (12) Planning and Research B, REGIONAL OFFICES that shall be created by the Beard socording ta noltical or administrative regions C. DISTRICT AND FIELD OFFICES. SEC. 25. Heads of the Divisions and Other Operating Units. — Each Division shall be headed by a Division Chief: Provided, That the Chief for Legal Affairs shall be a member of the Philippine Bar in good standing ané must have been engaged in the practice of law for at least three (3) years por to Spocintment, and that the Chief for Finance and Logistics must be a Cerlifed Public Accountant in good standing for at least three (3) years prior to appointment. ‘The Regional Offices shall be headed by a Supervising Immigration Officer, white the District and Field Offices shall be headed by @ Senior Immigration Officer ‘No person shall be appointed as Chiaf of any of the Divisions enumerated in Section 24 (/} of this ‘Act unless such person meets the qualification siandards set by the Bureau ond approved by the Civil Service Commission (CSC). SEG. 26, Organizational Structure, Duties ond Functions of the Divisions, Regional, District, Field and Other Operating Offices. — Subject to the epproval by the DBM, the Beard shall determine the oiganizefional structure of the different Divisions, Regional, District ano Field Ofives, and other operating offices of the Bureau to ensure the effective performance of their respecte mandates. SEC. 27, Chict Administrative Officer. - The Gureau shall have a Chief Administrative Officer who shall perform the folowing duties: (a) Develop and implement an administrative support atrategy fer the Bureau; [b) Coordinate ail administrative functions of the Bureau {e) Monitor and evaluate all paiicies and programs of the Bureau, and recommend ta the Board such policies. programs and measures for the effective and efficient administration of the Bureau, and {d) _Perfarm such other tasks as may be directed by the Commissioner. ‘SEC. 28. Chief Alien Registration Officer. - The Bureau shall have a Chief Alien Registration Officer ‘who shail perform the following duties: (a) Formulate plans and policies for the imple mentat.on of the Alien Registration Program: fo) Establish and implement measures for the effective registration, monitoring and accounting of aliens, including the caltection and safekeaping of biometric data of all aliens pursuant to this Act and cther laws, rules and regulations: (ce) Monitor and evaluate all policies, programs and measures relative to alien registmntion, and recommend to the Board ef Gommissioners such measures fo improve the system of alien registration; and (d} Perform such other tasks as may be directed by the CommissionSEC. 29. Chief Finance and Logisties Officer. = The Bureau shall have a Chief Finance and Logistics Officer who shall perform the following duties: (a) () fe) (a fe) 8 (oh Formulate and supervise the implementation of polices pertaining to procurement, figcal management, auditing and accounting in Suppart of the overall plan and strategic: iraction of the Bureau Direet and manage all the procurement activities of the Bureau: Implement sound fiscal policy; Supervise the preparation of the Annual Procurement Plan, Inflate projects in the furtherance of mie improvement of the Bureau, Sel performance targets for the Bureau in order to meet its objectives, plans and programs: and Perlorm such other tasks as may be directed by the Commissioner SEC. 30, Chief Human Resource Management and Development Officer. ~The Bureau shal have 3 Chief Human Resource Management Oificer who shall perform the following duties tab (ah is (a) () 0 (g) ) Develop and execute human resource strategies in support of the overall pian and ‘strategic direction of the Bureau especially in the areas of selection, hifing and ‘promotion, Design employee training modules. Develop comprehensive strategic recruitment and retention plans to meet human capital strategy goals, Set qualification standards and implement competency-based hiring ond prortion policies, Gversee the recruitment, selection and promation of emplayaes of the Burenu; Set performance standards for the employees of the Bureau in order to mect its objectives, plans and programs; Prepare and imiplernent schemes to strengthen the relationship between management and employees; end Perform such other tasks a6 may be directed by the Commissioner. SEC. 31, Chief Immigration Regulation Officer. ~ The Chief Immigration Regulation Officer shall perform the following duties: (a) Enforce immigration laws relating to the admission of aliens on primary inspection, as weil ag their exclusion, deportation and repatriation, sojoum, and those retating to administrative penalties against commercial sea vessels (b) Formulate plans and programs for the effective enforcement of immigration ws: relating to the admission, sojourn and exit of aliens; {fc} Establish policies for the effactive survetlance, monitoring, and supervision of all Bay Service Operations of ail commercial vassals while in Phalppine territory, (0) Oversee and supervise all Regional Disthet Field Offices, and Border Crossing Checkpoints {e) Maintain acministravve conirol over aliens adrritied for limited periads by enforcing and implementing temporary visitors’ visa extension polisies for aliens: {f) Assist the Commissioner in administering issuances of student visas, permits and other ocdars related thereto, {g) Assist the Commissioner in the preparation ct all orders pertaining to downgrading of visas, transfer, amendment, and correction of admissioa: (h} Represent the Bureau in the enforcement of the RP-Indonesian Agreement and the RP-Malaysian Anti-Smuggling Agreement, and cther subsequent simaar agreements, (i) Perform such other tasks as may be directed by the Commissioner ‘SEC. 32, Chief Information and Communications Technology Officer. —The Bureau shall have a ‘Chef information and Communications Technology Offices who shall perterm ta following duties: @ cc (ch Formulate policies, plans and programs on management information systems. network. cybersecurity, and infarmatan and communications technology (CT) resources of the Bureau. Supervise the Implementation of ail the information and communications technology projects of the Bureau: Review, evaluate, and recommend for approval by the Commissioner the integration of all existing ICT systems of the Bureau; 10ta) fe) Initiate the oenduct of ICT research, development, and standardization; and Perform such other tasks as may be directed by the Commissioner. SEC. 33. Chief Immigration Intelligence Officer. — The Bureau shall have @ Chief Immigcation Intelligence Officer who shall pertarm the following duties: ta) (oy cy (a) (eh Develop plans and programs for the gathering and collating of intelligence objectives ‘through effective management of al intelligence and counter-intelligence activities of the Bureau; Manage the conduct of intelligence and counter-inteligence activities of the Bureau; Serve as the linkage between foreign counterparts of embassies and the Bureau Inttate development of intoligence training modules, and Perform such other tasks as may be directed by the Commissioner. SEC. 34. Chief Immigration Law Enforcement Officer. The Bureau shall have a Chiat Immigration Law Enforcement Officer who shatl perform the following dutes: (a) (b) (c) (ay (ey Develop plans and programs for effective law enforcement actions against foreign nationals whe violate immigration laws, rules and regulations, Exsresse command, control, direction, Coordination, and supervision of all law enforcement activiiés of the Bureau, such as the deployment of personnel, subject to the power of the Commissioner undar Section 1 Ntb}-of this Act, Initate the development of law enforcement training modules; Establish an effective monitoring tool for fugitves and undesirable foreign nationals, and Perform such other tasks as mey be cirected by the Commissioner SEC. 35. Chief Legal Affairs Officer. — The Bureau shal have 2 Chief Legal Affairs Officer who shall Perform the following duties: (ay (by (c) (a) (e) cu] (a) Serve as the legal counsel of the Bureau, in coordination with the Office af the Sobcitor General, Develop guidelines for the summary deportation of foreign nationals who are fugitives, ‘eversiaying, undocumented, or comvicted of crimes invalving moral turpitude or crimes Where the penalty of deportation is imposed; ‘Assign prosecutors far regular denortation proceedings, Implement deportation orders, Study contracts affecting the Bureau and submit recommendations to the Board relative thereto, Render fegal opinions en matters arising from the administration and operation of the ‘Bureau: and Perform such other tasks as ray be directed by the Commissioner SEC, 36. Chiet Immigration Operations Oificer. - The Succaw shall have 9 Chiof Immigration Operations Officar wha shall perform the following duties: fa) tb) te} ts) fe a ‘a Formulate plans and programs for ie effective and efficient immigration operations in all intemational airports and seaports; Oversee and supervise the immigration operations in a intemetional airports and imternstianal seaports, including the conduct af arrival and departure formalities Consistent with this Act and other applicable laws, rules and requiations, implement Blacklist Orders, Hokd Departure Orders, Monitor Orders, Travel Restriction Orders, Orders to Leave, Exciusion Orders, and other such orders issued by the Board or by the Commissicner. Ensure the compliance ofall immigration personnel under the Operations Division with the Bureau's Quality Management System (QMS}: Monitor admitted foreign temporary visitors who ware referred ‘or secondary or tertiary inspestion, Initiate the development of immigration operations training modules; and Perform such other tasks a8 may be ditected by the Commissioner, SEC. 37. Chief Planning and Research Officer, ~ The Bureeu shall have a Chief Planning and Research Officer who shall perform the following duties: 1fa) Formulate and implement the Sureau’s programs, projects and processes for planing and research. (©) Facilitate and organize strategic planning sessions for the entire Bureau, {) ‘Conduct workload assessment and forecasting: id) Provide assistance to the Board in the implementation and establishment of 3 risk management process; (@) _Imptement a monitoring feedback measurement and evaluation system for the implementabon of all Bureau policies. projects, and programs; () Represent the Board in meetings relating to planning and research: and {g) Perform such ather tasks as may be directed by the Commessioner. CHAPTER 8 IMMIGRATION OFFICERS SEC. 36. Immigration Officers. - The Bureau shall employ an elite group of Inimhigraton Officers who shail be assisted by Immigration Inspectors and immigration Agents in the performance of their ‘duties and functions. No persan shall be appointed to the positon of Immigratan Orficer, immigration Inspector or Immigration Agent unless such person meets the qualification standards set by the Buresy and approved by the GSC. ‘The follawing daterminative factors shal! be included in setting the qualification standards for each position. a) Educational Attainment b) Civil Service Elighilty c} Relevant Experience d) Training (Basic, Advanced or Executive) e) Agility SEC. 39. Powers and Duties. - The Immigration Officers shall have the following powers and functions: a) Examine, with the assistance and advice of medical auihorties in apprapriate cases, foreign nationals at the port of entry concerning their admissibility to enter and their qualifications to reriain in the Philippines, 'b) Exclude foreign nationals not properly documented, and to admit foreign nationals complying with the applicable provisions of immigration and related laws; ¢) Administer eaths in connection with the performance of their duties, as may be authorized by the Board; 1d} Search for foreign nationals on any vessel believed to be used to illegally bring foresn nationels into the Philippines, and te take into custody without warrant any foreign national twiho, in the presence or view of the Immigeation Gificer, entering or is about fo enter the Philippines in violation of immigration and related laws, rules and regulatians, 8) Act 25 contol persarinel with authority to prevent the departure of passengers whe do not ‘comply with duty published departure requirements; 1) Detect and report violations ef the immigration and alien registration laws end, in appropriate cases, take necessary actions upon the instructions of the Commissioner, ‘including follow-up on the stay of nen-immigrants to prevent overstaying, 19) Detect and report subversive activities of alens inthe interest of national securlty Fi lavestigate any cage at the instance of the Commissioner and submit the required reports; i) Report on the activities of aliens inimical to national interest with a view to taking appropriate aclion in accordansse with iaw, |) Vacate and conduct surveillance against foreign nationals in violation of immigratiot laws, rules.and regulations; k) Provide actanabie operational, tactical and strategic intelligence to the operating units. 1) Conduct case build up, analysis and other in-depth research, as well 25 provide analytical reports on foreign nationals Who vielate or are in violalion of immigration laws, rules and requiations, im) Coordinate with other local and intemational law enforcement agencies in the gathering of inteligence information related to immigration law viol&lions, rn) Conduct counter-intellgence operations, 5) Enforee lawful ordecs relating to the exclusion, deportation and repatriation of aliens, 12p) Take charge of the physical detention of aliens pending their exclusion, deportation oF repatriation, 4) Attend to the deportation of aliens: Th Monitor all arving and departing suspected terrorists, drug couriers or members of crime syndicates, 's) Assist and escort deportes, excluded passengers and transiting restricted passengers ‘until fnaily boarded. 1) Irwestigate and escort from ports of entry intercepted passengers who are found in possession of spurious travel documents, u} Implement Warrants of Deportation and Mission Orders involving foreign nationals who _yiolate or are:in viglation of immigration laws, rules and regulations, and vy Perform such othe? functons as may be assigned by the Commissioner tram time to time Qualified Immigration Officers, Immigration Inspectors and lmmegration Agents with the requisite training and experience may be aecigned to the Inteligence, Lew Enforcement. Alien Registration, Immigrstion Regulation, and Operations Divisions depending on the exigencies of the Bureau. The Board may, in the exigencies of service, designate certain duties and responsibilties listed in this section to other officers and employees in the intelligence or Law Enforcement Divisions in en acting capacity: Provided, That such designation shall not exaeed a period of one (1) year. SEC. 40. Deployment of immigration Personnel Abroad ~ Within ninaty (80) days from the sifectivty of this Act the OFA and the Bureau shall promulgate the implementing rules and regulations on the ‘assignment and deployment of Imirn gration Otficers to select consular posts abroad who shall, subject to the pertinent provisions of Republic Aet No. 7157 ef the ‘Philiopine Foreign Service Act of #891" perform immigration duties, except diplomatic and consular functions, CHAPTERS CAREER DEVELOPMENT PATTERN SEC. 41. Caraar Devalopment. The Bureau shall 'a). Establish and strengthen the Philippine Immigration Academy which shall be under the contol and supervision of the Commissioner, b) Greate a continuing program to enhance the knowledge, skills and competence of all personnel threugh a career advancement training and education prior to their promotion, ang ©) Formulate training requirements to implement the provisions in this Title CHAPTER 10 OTHER OFFICES ‘SEC. 42, Changes in the Composition, Distribution and Assignment of Regional, District and Field Offices. - The Commissioner may make changes in the compos‘ion, distribution and assignment of regional, district and field offices as well 28 lf personnel, bused on the demographics of farsign nationals and as the exigency of the service requires, subject to civil service rules and regulations, SEC, 43, Border Control Checkpoints. ~ In addition to Internationa! aiports and internstional seaporis, there shall be established Border Control Chackpoints which shall be manned by Immigration Officers appointed as Border Control Oificers by the Commissioner. The Barder Gontral Checkpamts shal be placed in specific areas in the Philippines which shell be determined by the Board, Border Control Officers shall perform the fotovang duties: a) Conduct immigraton farmalities to foreign nationals passing through their arees of respon fb} Enforce immigration laws, rules and regulations; ¢) Coordinate with otter law enforcement agencies in the enforcement af immigration laws, rules, and regulations, d) Apprehend and take inta custody illegal entrants; and fe) Perform such other functons as may be directed by the Commissioner 13THTLE iit IMMIGRATION CHAPTER 1 NON-IMMIGRANTS SEC. 44, Categories of Non-immigrants and Types of Vise Issued. ~ Foreign nationals departng from any place outside the Philippines who are atherwise admissible end who qualify under any one of the folowing categories may be admitted as non-ienrnigrants: ta) Temporary visitors (A Visas): Visitors coming to the PI reasons of business, pleasure or health’ pines for a temporary period for (1) Business (4-1 Visa): Temporary visitors engaged in activities of a commercia! or professional nature for a foreign employer or for themselves that will not result in ‘gainful employment in the Phiippines, As used herein, the term “business” refers to conventions. conferences. consultations and other legitimate activities of = commercial ora professional nature, but does not include lacal empleyment of labor for hire (2) Pleasure (-2 Visa); Temporary visitors who stay in the Philippines for holiday, including sightseeing, recreation or visiting relatives, and (3) Health {4-3 Visa); Tempocary visitors who stay in the Philippines to avail of medical treatment: (b) Transit Persons (8 Visa): Persons in transit tough the Philippines solely for a layover and who have a confintied connecting fight to another country, or passengers in immediate and continuous Iransit to a destination outside the Philigpines, {c) Crewmembers (C Visa): Porson requited for the normal operaton and servicing of vessels that come fo the Philippines on a temporary basis, either arriving with a vessel or intending to depart the Philippines on the Same vessat or any other vessel {d)_ Treaty Treders (0-4 Visa)-and Treaty Investors (0-2 Visa): Citizens of a country that has trade treaty wth the Philippines, including their family members, and who come to work in the Philippines for either @ company they own oF ane thst is at least fifty percent (50%) owned by nationals oftheir home country and which company is engaged In substantial rade between the Philippines and their home country, shall be granted D-1 visa, Citizens from = country that has an investor treaty with the Philippines, including their farily members, and who come to- work in the Philippines for a business they own ar one that it least ity percent (50%) Gwned iby nationals of their home country, which business is Supported by & substantia! investment from nabonals of their home country, shall be granted a D-2 visa: (2) Accredited Foreign Government Officsis, Their Familias and Household Member (E \Visas): Foreign goverment affcials, their families and household members coming to the country for official purpose, pursuant to international conventions and bilateral agreements, shall be granted — Visas, in accordance with the following categories: (1) Persons eligible for E-1 Visa: The E-1 Visa shall be issued to the following classes cof foreign nationals: | Heads of State and Heads of Government and their personal representatives: |. Members of reigning royal farnilies from countries recognized by the Phitippine Government, Governors-General, Governors, ané High Commissioners of dependent territones and their personal representatives; 14i. Cabinet ministers and thelr deputies, and officials with cabinet rank of ministers, 4. Presiding officers of nationat legislative bodies, i, Justices or judges of the highest national judicial bodies; ‘vi Diplomats and career consular officials on foreign assignment inthe Philippines, Wii Miltary, naval, air and other attaches assigned to a diplomatic mission, and i Accompanying spouses and unmarried dependents of foreign naticnals within the sbovementined categories: (2) Peesons eligible far E-2 Visa! The €-2 visa shall be issued fo an official ofa foreign owernment recognized by the Philippines and who is @ national of the country Whose government he represents, and is proceeding to the Philippines on a long- te1m basis in connection with oficial business for such foreign affcia's government. “This category includes, inter alia, te following classes of foreign nationals: i. Administrative and technical members ef the staff ofa diplomatic or consular mission, i. Officials participating in programs under the auspices of the Philippine ‘Gaverment ar recognized international insitutions: and ‘Aocompanying spouses and unmarried dependents of foreign nationals ‘within the abovementioned categories, (3) Persons eligible for €-3 Visa’ The E-3 visa shall be issued to an official of a foreign government recognized by the Philippines, is a nabenal of the country whose ‘goverment he represents, and is proceeding to the Philppines on a short-term basis in connection with official business for such foreign official's government This category includes, inter alla, the following classes of foreign nationals |. Diplomate couners regularly and professionally employed as such: ji, All members of official special missions of a diplomatic character. ii, Members of detegations proceeding to or from an international canfarance of a diplomate of official nature, ane jv. Such other officiais gaing to the Philippines on diplomatic or official missions, (4) Persons eligible for E Visa: The E-4 Visa shall be issued to the private employees and household members of persons to whom E-1 and E-2 visas have been granted, es:well as their immediate dependents. All visas in Section 44(e) of this Act shall be exclusively issued and renewed by the DFA, which shall alsa detarmine the type of E-Visa of Foreign Govemment Officials rot identified in the foregoing liste. The grant of immunites and prvicges shall be subject to applicable domestic and intemational law and international agreements to which the Philippines is @ party, as well as in consideration of the principle of reciprocity: {f} Students (F Visa): Foreign students having means. ‘sufficient for their support and educaton in the Philippines who seek to enter the Philippines ‘temporarily for the sole purpose of taking up @ troursa of Elucy higher than high school at a university, seminary, acacemy or college accreditee to admit such foreign students by the Commission on Higher Education {GHED) in coordination with the Bureau, (9) Prearanged Employment (G Visa): Foreign nationats coming to the Philippines on prearranged employment, including their Fartily members accompany ng oF folowing to join thers within ‘the period of their employment, This category includes intra-company transferees, professionals, parforming artists, athletes, and cultural exchange workers under 9 work exchange pragram. 15{h) Religious Workers (H Visa): Duly ordained or professional missionanes and religious ‘ministers, including members of their farly, coming to the Philippines to join a religious congregation oF denomination duly registered with the Securities and Exchange Commission, upan invitation, Sponsorship oF guarantee of such religious congregation or denomination, solely for the purpose of propagating, teaching and disseminating theif faith ar religion; (i) Representatives af Accredited Intemational Organizations and Government Agencies (I Visa): Foreign officals and staff of accredited international erganizations, including their dependent family members, statt.end hausehold members shall be granted | Vises in accordance with the following categories: (1) Persons eligible for I-1 Visa: The |-1 Visa shall be issued to the principal officials of accredited international organizations, as well as their accompanying spouses and dependents, (2) Persons eligible for |-2 Visa: The 12 visa shall be issued to the other officials and staff of accredited international organizations, as weil a3 their accompanying spouses and dependents, (3) Persons eligible for |.3 Vise: The 1-3 visa shail be issued 10 officials and staff of interational organizations who will perform short-term official wark with the international organization upon its invitation, and (4) Persons etigible for |-4 Visa: The | Visa shall be issued fo the private employees and housenold members of persons fe wham F1 and |-2 visas have been granted, as well as their immediate dependents ‘Accredited intemational organization includes any public Intemational organization engages in activities of which the Philippines participates pursuant to any treaty or under the authority of any act of the Congress of the Philippines. suthorizing such particination or making an appropriation for such ericination and such other intemational organizations, insttutions, agencies. programs, foundations nd entities which are recognized by the government of the Republic of the Philippines, including those ‘existing and already recognized as Such at the time of the effectivity of this Act Alitypes of visas under Section 44(i) of tis Act shall be exclusively issued and renewed by the DFA, which shall also determine the type of | Vise of officials and staff of international organizations. that are not identified in the foregoing list. The grant of immunities and privileges. shall be subject to- applicable domestc and international lam, relevant Headquarters Agreements, end interational ‘agreements to which thé Philippines is @ party. () Media Workers (J Vics): Foreign media personnel or comespondents. duly accredited by ‘the government agency concemea, who are bana fide representatives of a foreign press, radio, satelite, television, fim, oF ether information media, and are coming to the Phitppines solely to engage in. gathering. information principally for dissemination abroad, including their family members 2ocompanying them or subsequently joining them during the period of the assignment in the Philippines, (k) Exchange Visitors (K Vise): Foreign nationels entering the Philippines to teach, study. observe, conduct research ar receive training in @ specific Exchange Visitor Program duly approved by the Philippine Government. (1) Refugees (L-1 visa) and Stateless Persons (L-? Visa): Refugees as defined in this Act and in the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol shall be issued L-1 Visas. Stateless persons as described in this Act shall be issued \-2 Visas, The President or the Secretary of Justice, for humanitarian reesons not inimical to public interest, shail have the exclusive authority to admit refugees and stateless persons in such classes of cases and under such conditions ‘as they may prescribe, The President or the Secretary of Justice shall likewise have the exclusive suthority to cancel, revoke, or cease the refugee o° stateless status of an indivigual: 16(mm) Bridging Visa (M Visa): A temporary visa which allows a foreign national to stay in the Philipoings after the expiration of the current visa, other than temporary visitor visa under Section 44(a), ‘and while an application for adjustment of status is being processed. (n) Startup Visa (N wisa) Visa issued by the DFA pursuant to ‘Sec. 13, Chapter 3 of Republic Act No. 11337, otherwise known as the "innovative Startup Act’, which includes the Startup Owner Visa {N-1 Visa), Startup Employee Visa (N-2 Visa) and Startup Investor Visa (N-3 Visa), and (0) Special Non-Immigrant Visa (@ Vises): Such other foreign nationals including thelr family mambers who may be admitted as nonimmigrants under special laws, or foreign nationals not ‘otherwise deseribed in this Act who are corning for temporary periods enly, and whose acmission “auihorized by the Board of the Prasigant in the interest of the public or fer humaniterian consederations and under such conditions as they may prescribe. Ail other agencies and offices other than the DFA authorized to issue visas in accordance with existing laws shal be subject to reportorial requirements 25 prescribed by the Board. The Boord shall likewise prescribe penalties for violatians thereat. CHAPTER 2 IMMIGRANTS SEC. 45. Quota Immigrants — Subject to the conditions set forth in this Act, there may be admittod into the Phiippines. based upon immigration reciprocity and upon allotment by the Commissioner, “quota immigrants”, not to exceed two hundred (200) of any one nationality for any one calendar year. ‘The: following order ef preference shall be observed in the altment of quota immigrants fa) First Preference: Those whose service and qualifications show high educationsl attainment. technical training, specialized experience, or exceptional ability in the sciences, ats, professions, or business as would reasonably enhance and contribute substantial benefits prospectively to the national economy, oF cultural or educational interests ar welfare of the Philippines, including thee family memers, accompanying oF folowing to join them, who shall ikewise be allotted individual quota numbers; (b} Second Preference: Parents of a naturalized Philippine citizen; (0) Third Preference: Spouses of minor chien of foreign nationals who are lawl permanent residents of the Phisppines, and (2) Fourth Preference: Parents of foraign nationals who are lawful permanent residents of the Phitippines. SEC. 46. Aifotment of Quota. — The Commissioner shall, with respect t the first preference, allot net ‘more than fifty perce nt (50%) of the annual quota allotment up to the-end of June of each year. Provided, ‘That if the fifty percent (60%) allotment for the first preference by any nationailty is not utized, the balance thereof shall be given to the second, third, and fourth preferences for the same nabonality in ‘accordance wih Section 45 af this Act Any unused quota allotment for @ calendar year shall not o& ‘carried over and utilized for the ensuing calendar year. SEC. 47. Basis in Determination of Quota Allotment — The numerical limitation imposed by Section 45 of this Act shell be on the country of which the immigrant is a national of a cftzen, For purposes of the quote allocation, the nationally of immigrants possessing dual chizenship may bé that of either of the lwo countries regarding them as a national or eitizen they apply for a visa in a third country. If such immigrants apply fora visa within one of the two countries regarding them as enational or ctzen, thelr natanalty shall be that of the county in which they filed their application for @ visa to enter the Philippines: SEC. 48, Non-Quote immigrants. — The following immigrants, known a8 “non-quota immigrants”, may bbe admitted without regard to numerical imitation and immigration reciprocity 7(a) The spouse ot a Philippine citizen, Provided, That abandonment by the foreign spouse, he failure te give support by the foreign spouse to the Filipino spause and family, and the legal separation ‘ortermination of the marital status by annulment, declaration of nulity of marriage or divorce where the ‘cause ig attributable to the foreign spouse, shail constitute graunds for cancellation of the immigrant ‘visa issued to the foreign spouse, (b)_ A person of Filipino descent regardiess of generation; fc) A child bom to a mother during her temporary visit abroad, the mother being a foreign national and lawlul permanent resident of the Philippines, if accompanied by or coming to join the: mother who appiies for admission within five (5) years from the birth of the child; (d) A child born subsequent to the issuance of an immigrant visa to the ectompanying parent the visa not having expired or revoked, Xe) A foreign national who had been previously lawfully admitied into the Philippines tor permanent residence who is retuming trom a temporary Visit abroad to an unrelinquished residence: i the Philippines, (PF). Anatural-bom citizen wno becomes a naturalized citizen of a foreign country and is returning to the Philippines for permanent residence therein, including the spouse end minor children accompanying or following fe join such person: afd (g) Spouse, parent, children, tegitimate siblings of a foreign national who is gainfully employed ‘and holder of a permanent resident status for a period of seven (7) years CHAPTER 3 NATIVE-BORN FOREIGN NATIONAL SEC. 49, Status of Children Born ta Immigrants. — A child born in the Philippines tt parents wha fare foreign nationals and lawful residents of the Philippines shall be deemed a native-born permanent resigent SEC. 50, Status of Chiliran Born to Non-immigrants. ~ & child bom to parents who are Both nen emigrants shell be desrted a native-born non-immigrant or temporary resident and may remain in the Phifppines only during the period of authorized stay of the parents, unless the chid reaches the age of mugen (18) years while continuously residing in the Philppines, in which case such child may oppiy for naturalization under existing laws or for an appropriate visa, CHAPTER 4 ADJUSTMENT OF STATUS: SEC. 61, Conditions for Adjustment of Status of Foreign Nationals. — The status of a foreign ‘rational adnitted into the Philippines es:non-Immigrant may be adjusted by the Boardte that ofa foreign ‘national lawfully admitted as a permanent resident if a). the foraign national makes an application for such adjustment, (6) the foreign national is eligitie to receive @ quota or non-quota immigrant visa and is admissible to the Philippines as a permanent resident, and (c) 4 quots immigrant vise is inimediately available to the foreign national at the ime of application, without the need of firs! departing from the Prilippines. In all such cases, the persenal appearance of the foreign national shall be required during the consideration of the application. ‘SEC, $2. Effect of Approval on Application for Adjustment. — Upon the approval cf an application for adjustment of staus under the preceding section, the Commissioner shall record the foreign nationals lawful admission 28 @ permanent resident as of the date of the appraval of the application ‘and hall be included as part of the quota for the calendar year in accordance with Secton 45 af this Act 18SEC, 83. Adjustment of Status, When Not Allowed. — Adjustment of status under this Act shall not be applicable to: @. A foreign national who has violated of is an violation of immigration laws, rules end regulations, unless the vioietion is without the fault of the foreign natianal or far purely technical reasons: and b. transients SEC. 54. Loss of Status, ~ A registered foreign national, except a temporary visitor, wn fais to return to the Philippines within s period of one (1) year trom departure shall lose the status granted under ths ‘act. Such foreigh national may apply for an extension of the periad within which ta return prior to its expiretion and pay the presenbed fees and charges in order to maintain the stsius or type of vise granted CHAPTER $ DOCUMENTATION AND ADMISSION OF NON-IMMIGRANTS SEG. 55, Documentary Requirements of Non-immigrants. — Non-immigrants must present for admission into the Philippines valid passpor's issued by the governments of the countries to which they Gwe allegiance or other tavel documents showing their nationality and idantty as prescribed by egulations, valid visa granted by the Consular Officer, required, and such other relevant documents ‘35 may be required under existing laws, rules, regulations, of multilateral ar bilateral agreements. SEC. 5. Conditions and Period of Authorized Stay of Temporary Visitors. — The intial periad of ‘authorized stay of a foreign national admitted as a temporary visitor under Section 44(a) of this Ast shall not exceed fity-nine (58) calendar days from the date of arrival, subject to bilstersi, regional and multilateral visa agreements entered into by the Philippines: Provided, That the conditions for extensions and total period of authorized slay shall be prescribed by the Commissioner: Provided, further. That during the foreign national's authorized stay, such foreiga national: (a) shall nat take any employment, whether paid of unpaid; (b) shail not establish or join in any business: and (¢) shall not enroll cr became a student at a School, collage, university, academy, or other educational instituban, tnlase granted, upan proper application, a conversion 19 another immigration status provided under this Act, SEC. 57. Conditions for issuance of Pre-Arranged Employment Visas. —A foreign nabonal who is ‘seeking admission into the Phibppines for @ pre-arranged employment shail not be issued @ nan- immigrant visa referred to in Section 44(g) af this Act until the Consular Officer shall have received ‘authorization for the issuance of the seme. Such authorization shall be given only upan the filing of 2 petition with the Board establishing, among others, thet no person can be found in the Philippines willing bind competent to perform the work or service for which the foreign natonal is desired and that the ‘dmission would be benofcial te the public inferest. The petition shall be under oath by the prospective employer or the latter's representative in the form and manner prescribed by the Board ifthe Board finds that the petition complies with the requirements of the preceding paragraph ‘and of other regulations, it shall grant the petition and shall promptiy transmit the authorization to the DFA SEC. 58. Submission of Crew List and Passenger Manifest, ~ Simultaneous to the vessel's Separture from the port of ongin, the master, captain, agent, owner or consignee: of any commercial vessel arriving in the Philippines shall submit to the Bureau, within @ reasonable time prior to such ‘amval, the crew lists, passenger manifests and such ther information concerning the persons arriving ‘on such 8 vessel. In the sare manner and condition, the master, captain, agent, owner or consignee of avy commercial vessel deparing fram any port in the Philippines shall sume to the Bureau, within ‘2 reasonable time prior to such departure, the crow list, passenger manifest and auch ofher information ‘concerning the persons departing on such vessel. The crew list of an: incoming sea craft shall canta ‘he appropriate visa granted by the Consular Officer. SEC. 58, Inspection of Crewmembers ~ |t shall be the duty of the master, captain, agent, owner or consignee of any vessal arriving in the Philippines to have available on hoard, for inspection by Immigration Officers, any foreign crewmember employed on such vessel and, when required by the immigration authonties, to detain such crewmember an board after inspection or to renove such 19‘crewmember. No crewmember on board such wessel shall be discharged while the vessel is in port ‘without the permission of the Commissioner. ‘SEC. 60. Permission for Temporary Landing of @ Foreign Crewmember, — A foreign crewmember ‘on & vessel arriving in the Philippines may be permitted to land temporarily under such eanditens as may be prescribed by the Commissioner. All expenses incurred by the Bureau while the crewmemer ig on land shall be borne by the master, captain, agent. owner or consignee of the carrying vessel CHAPTER 6 DOCUMENTATION AND ADMISSION OF IMMIGRANTS: SEC. 61. Documentary Requirements of Immigrants; instances When Not Required — immigrants must present for admission into the Philippines valid passports or travel documents issued by the government of the country to which they owe allegiance, showing their natonalty and identity ‘and valid immigrant visas incicating the date of 'ssue and the period of validity thereef. Immigrant visas shall not be required of the following {a) A child born subsequent to the Issuance of a valid immigrant visa to the accompanying parent (0) A chilt born during the temporary visit ebroad of the mother who: is a lawful permanent resident of the Philippines and a holder of a valid re-entry permit. ifthe child is accompanied by ther parent within five (5) years from the date of the child's birth; and (e) A fereign national who is returning to an unrelinquished lawful permanent residence in the Philippines after a temporary residence abroad and presents for admission a valid re-entry permit. CHAPTER T VISA ISSUANCE SEC. 62. Nature of Visa. — Nothing in this Act shall be construed to automatically entitle any foreign national, to whom a visa or other travel document has been issued, to enter the Philippines if. upon prtival at a port of entry, such foreign national is found to be admissible under this Act or any other lew SEC. 63. Visa Policy. - The pclicies governing the Issuance, extension, renewal and conversion of visas referred to in this Act shall be formulated by the Bureau and the DFA when sppropriate. in Consultation with concemed goverment agencies and offices. SEC. 64, Visa issuance Abroad - All visa ‘ssuances abroad shall ue dane by Consular Officers assigned at Philippine Foreign Service posts in the following manner. (a) Upan approval by the Commissioner and recommendation by @ Gensular Officer, a quota fvmigrent visa may only be issued to 2 foreign national who has made a proper application therelor, which shall specify the nationally to which the quola number is assigned, the immigrent’s particular status in such country the preferance to which the foreign national is. ‘classified, the date on which the validity of he visa shall expire, and such additional information 'a5 may be required: and (b) The OFA, through its Consular Offices abroad or the Office of the Visa Director, shal approve the issuance of non-quota Immigrant and non-immigrant visas to a foreign naticnal who has made a proper anplicaton therefor ‘The issuance of soecial non-immigrant visas fling under the jurisdiction of a particular government offee or agency ean only be done in coordination with and upon recommendation of the Government agency croffice concemedt SEC. 65. Requirements for Physical and Mental Examination Prior to issuance of immigrant Visa. = Prog to the issuance of an immigrant visa to any foreign national, the Consular Officer shall require such person to submit to 2 physical and mental examination In accordance with such regulations as mai De prescribed by the Commissioner. 20SEC. 68, Visa Validity Periad. —A single-entry non-immigrant or immigrant visa issued by'a Consular Officer abroad pursuant fo Section 64 of this Act shall be valid for a periad not exceeding three (3) months: Provided, That in prescribing the validy period of a single-entry non-immigrant visa, the Consular Officer may allow a longer validity period based on reciprocity 2s accorded by the foreign country to citizens of the Phibppines who are within a similar elas ‘An immigrant visa may be replaced under the original number during the calendar year in which the onginal visa was issued if the concemed foreign national establishes to the satisfaction of the ‘Cansular Officer that the original immigrant visa was not used during the periag of ts validity far reasons ‘beyond the visa holder's control: Provided, That the foreign national is found by the Consular Otficar to be eligible for another immigrant visa and has paid all the required fees. SEC. 67. Denial of Visa; Grounds — The Consular Officer may deny the application for visa if it appears from the statements in the application or in the documents submitted that the applicant is nat eligible for a visa under this Act. oF If he applicant falls to comply with the: requirements of any of the provisions of this Act SEC. 68, Revocation of Visa Issued by Consular Officer. — The Commissioner may, for valid cause ‘and upon confirmation by the DFA, revoke 2 visa issued by any Consular Officer. If the notice af evocation is not received and the view hakder applies for admission into the Philippines, the admission Gr entry of the foreign national shall be determined by the Immigration Officer pursuant to Tile IV of this Act CHAPTERS RE-ENTRY AND EMIGRATION CLEARANCE SEC. 68. Reentry, — In all instances when a registered foreign national, except a temporary visitor, departs or is about to depart temporarily from the Philippines with the intention to return within one (1) ‘year from departure, the foreign national must secure re-entry permit or, f the authorized stay is less than one (1) year. a Special Return Cerifieate, and pay the corresponding fees end charges theretor, SEC. 70. Emigration Clearance. ~ A registered fore:g” national who departs permanently trom the Philippines shell surrender all Philippine immigration decuments and apply for and be issued an Emigration Clearance Certificate, subject to the following coaditions: (@) The immigrant has no pending obligation with the government of any’ of ts agencies or ingtrumentaities: (b)The immigrant has no pending ¢riminal, civil, or administrative proceeding witich requires ‘continued presence in the country, and {¢) There Is no ongoing legislative inquity where the immigrant Is called upon to testy as @ wines, “Atemporary visitor departing from the Philippines shell, after the expiration of the initial authorized stay, apply for emigration clearance and pay the prescribed fees and charges therefor: CHAPTER PRESIDENTIAL PREROGATIVES SEC. 71. Presidential Prerogatives. — Any provision of this Act to the contrary nobuithstanding, the President may (2) Deny the entry and admission ints the Philippines of, oF impose such restricions as may be deemed appropriate on, any foreign national or a class of foreign nationals, whenever the President finds that such entry would be detrimental to the interast of the Philipines; (bo) Waive passport or ciocumentary requirements for non-immigrants and immigrants under such terms and conditions as may be prescribed, {c)_ Ghange the status of non-mmigrants by allowing them to acquire permanent residence satus without necessity of a visa (@) Deport any foreign national, subject to the requirement of due process; fe} Admit non-immigranis not otherwise provided for in this Act for humanitarian ‘considerations and when net detrimental to public interest, under such terms and conditions as may be prescribed, 24(f.Prohibit the departure trom the Philippines of any parson who ‘s likely to disclose information affecting national security. ar who is fikely to organize a rebellion abroad against the Philippines. of whose presence in the cauntly is necessary to face, or be a witness in, criminal proceedings; and a) Exercise, with respect to foreign nationals in the Philippines, such powers as are recognized by the generally accepted principles. of international law. TITLE IV PROVISIONS RELATING TO ENTRY CHAPTER 1 CLASSIFICATION OF PORTS OF ENTRY SEC. 72. Authority to Classify Ports, ~The Commissioner shall classify and designete, from among the ports of entry established by lav for immigration purposes, lisited or untimited ports of entry through which foreign nationals may be admitted into the Philippines. Only such classes of foreign nationals as provided under the rules and regulations prescribed by the Commissioner may be admitted at limited ports ofentty, The Commissioner may, afler due notice to the public, clase designated parts of entry in ‘the interest of national securty or public safety CHAPTER 2 PROCEDURES ON ARRIVAL SEC, 73. Inspection by Immigration Personnel. — A foreign national seeking admission 0° readmission shall present a valid passport and visa, if required, to the immigration Officer at the pot of teniry and shall be subject lo primary mgpection. The decision of the exanvaing Immigration Oficer, i favorable to the admission of any foreign national, may be challenged by another Immigration Officer ‘on any ground provided in this Act. The final determination on the admissibility of such foreign national ‘hall Be determined by the Commissioner within forty-eight (48) hours in case no resolution is reached between the Immigration Officers on the challenged admission In case of admissian, the Immigration Giffeer shall inicate in the passport the date, the port of entry and the identi of the vessel boarded, SEC. 74, Detention or Quarantine for Examination. — For the purpose of determining whether & foresgn national arriving at any port in the Philippines belongs to any of the classes excludable under this Act by reason of being afficted wih any of the contagious of communicable disease or mental disorder as set forth under Section 8d{e) of this Act or whenever the Commissioner has received formation showing that foreigner natonals are coming from a country or @ piace where any af such diseases are prevalent ot widespread, the foreign national shall be detained or quarantined for & Teasonabla period of time fo enable the immigration and medical afficers to subject such person te ‘observation and examination. SEC. 75, Meaieal Examination Requirement. ~ Any ertiving foreign hatianal whom the examining Iewigration Officer believes to belong under the ciass of excludable foreign nationals spectieg in Section 84(a) of this Act shall te referred to designated medical officers tor physical and mental ‘examination. Such medical officer shall certify the findings of the examination fer the information of te immigraton Officer. SEG. 76, Arrival Notice Requirements of Vessel. ~ The immigration authorities shall be given prior notice of the arrival of any civilan vessel before such vessel comes inte any area in the Philigpines from fany place outside thereot Such phor natice shail not be required in the case of vessels with echaduled arrivals fled with the Immigration Officer in charge at tha internabonal port of entry 1f, upon arrival in any area other than the designated port and there is no available immigration Officer therein, the master, plot, captain, agent or consignee shall nat allow the passengers snc crew members to disembark or leave the primary inspection area until the Immigration Officer shall have conducted the primary inspecton formalities CHAPTER 3 FOREIGN CREWMEMBER 22SEG. 77, Conditional Permit to Disembark. — A foreign crewmember of a vessel under Section 44(¢) of this Act may be granted @ conditional permit, in 2 form prescribed by regulations, to disembark temporarily from the vessel on which such erewmember arrived while the vessel remains in port under such terms and conditions as may be prescribed by the Commissioner SEC. 78. Confiscation and Cancellation of Permit; Deportation from the Philippines. — Upon the determination that the foreign national is not a bana fide crewmember or does not intend to depart on the vessel that brought him, the Commissioner shall cance! and confiscate te conditional permit already iseued, take such foreign national into custody, and require the owner, operator, captain, master, pilot, agent or cons:anee of the vessel on which the foreign natonal arrived to receive and detain the foreign national en board. The expenses for removal of the foreign national, including the cost of detention and other expenses Incidental thereto, shall be borne by the owner, operator, captain, master, pilot, agent er consignee of such vessel SEC. 79. Liability for Overstaying Foreign Crewmen. — A foreign crewmember who remains in the Philippines in excess of the period allawed in the conditional permit issued shall be solidaniy liable with the owner, operator, captain, master, pilot, agent or consignee af the vessel far the payment of the penalties prescrived in Section 127 of this Act ‘SEC. 80. Liability for Unauthorized Discharge of Forefgn Crowmember — It shail be unlaurful for ‘any person, including the owner. aperator, captain, master, pllal, agent or consignee of any vessel, to discharge any allen employed as a crewmember on a vessel arriving in the Philippines. without first abtamning the prior permission of the Commissioner Otherwise, such person ar ovmer, operator, Captain, master, plot, agent or consignee of the vessel shall pay such fines as may be prescnbed under this Act No vessel shall be granted Clearance trom any port in the Philippines while such fines. remain Unpaid or while the veliity thereof is being determined. Provided, Thal a clearance may bé granted prior fo Such determination upon deposil of a sum or cash bond sufficient fo cover such fines as approved by the Commissioner SEC. 81. Duty to Repart Desertion ar illegal Landing of Foreign Crewmember — The owner operator, captain, master, pilat, agent or consignee of any vessel shall immediately report, in writing, to the Immigration Officer ali cases of desertion or illegal disembarkation in the Philippines from the vesse', together with a description of such foreign nationals and any Information that shail result in their apprehension SEC. 82. Requirement for Submissian of List of Newly Employed, Discharged and Magally Landed Foreign Crewmembers. — Prior te the departure of any vessel fram the last port in the Philippines destined to any place outside thereof, he owmer, operator, captain, master, pilot, agent or ‘consignee tnefeo! sholl deliver to the Immigration Officer at that port a list containing (a) The names of crewmembers who were not employed thereon at the time of the vessel's avtiv ‘on Such port but wil depart thereat on the same vessel; ((b) The names of those who have been discharged, if any; (c)-The names of those who have deserted er illegally landed at that port, if any, end (d)Such otter additonal infarmatian as the Commissioner deems necessary ‘SEC. 83. Liability for Failure to Submit Compiete, True and Carreet Report. — The owner, operator, ‘capiain, master, pilct, agent, or consignee who fails to subrril atrue and complete list of report of foreign nabonals of to report cases of desertion or illegal landing shall pay such sum as may be prescribed Linder Chapter 6, Tile VI ofthis Aci. No vesse! shall be granted clearance fo depert fram any port in the: Philippines while such fines remain unpaid ar while the valaity thereof is being determined: Provided, that clearance may be granted prior te such determination upon deposit of a sum or cash bond sufficient ta cover such fines as approved by the Commissioner. CHAPTER 4 EXCLUSIONS. SEC. 84, Exclusion Grounds. - The following classes of foreign nationals shall not be allowed entry and shall be excluded fram the Philippines on the following grands (s) Health Related Maiters 23(0) (c) te) These whe are found to be suffering from @ communicable, dangerous oF contagious disease, unless excepted under existing laws, rules and regulations, Those who are found to be sufaring from mental disarder or mental health: associated behavior that may pose @ threat to persons or danger te property ‘Those who are found to be suffering from addiction to prohibited or reguiated substance: Economic Concems 1 2 Those likely to become a public charge: Those seeking entry for the purpose of performing skilled of unskilled labor without-a permit from the Secretary of the Department of Laber and Employment as required by law! Moral Issues 2 “Those coming to the Philippines to practice palygamy or who advocate the practice of aolygary unless the person's religion allows such practices: ‘Those who are pedophiies, sexual perverts oF those coming to the Philippines for immoral purposes, Those who are engaged or who $8ek to engage in prostitution oF to procure or attempt to procure prostitutes, or who receives in whole orin part the proceeds of presttution ‘Those wha, at the time of primary inspection by the Immigration Officer, exhibit any contemptuous of disrespectful behavior towards the said officer or any government official or employee of the Bureau, Criminal and Security Considerations 1 “Thase who have been convicted of a crime Involving moral turpitude or who adit to the Immigration Officer having committed such crime, or who attempt and conspre to commit the came; These whe have ben convicted, or who admit having committed. oF are commiting acts whieh constitute the elements of @ wiolation or conspiracy to violate any law or regulation of the Phiippines or @ foreign country relating to a controlled, regulated or prohibited substance, oF who admit having attempted or ‘conspired to commit the crime; ‘Those that the Phiippine Goverment knows or has reason to believe are orhave been (i) traffickers of any controlled, regulated or prohibited substance, or (i) accompliges, aocessaries, abeliors, or co-conspirators in the ilielt tatfixing of ‘any controlled, regulated or probibrted substance; Those who are fugitives fom justice, ‘Those wh seek to enter the Philippines to engage in 2, espionage cr sabotage, or a violation or evasion of laws prohibiting export ot ga0ds, technology or sensitive information, b, any activily aimed to promote membership in an organization of syndicated criminal activities! ¢. any activity, the purpose of which is to overthrow the Philippine government by farce, violence, or ather unlawful means, and . any other untawtul activity Those who are engaged oF believed to be engaged or likely ta engage in, aid, abet or finance any terranst activity and members OF representatives of a foreign terrorist organization: Those who have been identified by competent authorities, local or foreign, as having engaged of are engaging in hhurnan trafficking and emugging, Those who are under fisen (15) years of age and unaccompanied by or not coming ta join @ parent, except that they may be admitted at the discretian of the Commissioner, if otherwise admissible Provided, That they present a wnten consent to travel from erther parent citing the purpose thereof and atirmed by & Consular Officer, and ‘Those wno have been identified by competent authorities, acal and foreign, as having engaged or are engaging in importation of contrabands and ather prohibited articles into the country 24SEC. 88. Temporary Custody of Excludable Foreign Nationals. — For the purpose of astertalning \Wwhetner a foreiga national arriving ia the Philippines belongs ta any of the excludable classes of foreign rational provided inthis Act cr related laws. the Immigration Officer, for @ peried not exceeding seventy- two (72) hours, may temporarily take into custody for investigation such foreign national either on board the vessel or at @ place designated for the purpose at the expense of the master, captain, agent. owner ‘or consignee of the carrying vessel SEC. 86. Finatity of Exclusion Order — An order by the Immigration Officer to exclude a foreign national who is exchidable under this Act is final and executory unless revoked by the Commissioner upon a timely appeal prior to the Implementation of the exclusion order SEC. 87. Authority to Waive Grounds for Exciusion. — Except for grounds of exclusion under Becton 84/8), subparagraph 4 to 7 and 8, the Commissioner may walve any of the grounds for ‘exclusion mentioned in Section 84 af this Act SEC. 88. Procedure of Removal and Cost Thereof. - Foreign nationals arrwing in the Philippines Who are ordered excluded shall be immedietely removed to the country where they boarded the vessel on which they arrived, in aceommodations cl the same class, uniess the Commissioner determines that immediate removal 8 nat proper and practicable pursuant to applicable Conventions, taws, rules and regulations, in which e386 such excluded foreign natanais shall be ordered detained. The ccst of removal, detention and other expanses incidental thereto shall be borne by the owner, operato, master, plot, captain, agent, oF consignee of the wessel on which such foreign nationals arrived SEC. 89. Country Where Removal is ta bo Directed. — if the government of the country designated in the preceding section will nol accept the foreign national into its territory. the removal of the foreign national shall be directed, at the Commissioner's diseration to any of the following (a) The country of which the excluded foreign navanal is @ citizen oF national; tb} The country of birth, fc) The country of the foreign national's habitual residence; or {a} The country willing to aecept the foreign national into its territory, if ramoval to-any of the foregoing countries is impractical ar impossible. SEC. 90, Obligation of Owner, Operator, Master, Captain, Pilot, Agent or Consignos. — It shell be tunlewtul for en ewner, operator, master, captain, pilot, agent, of consignee of a vessel to refuse or fail ta fa) Board a foreign national ordered excluded and removed in the: same vessel or another ‘vessel owned or operated by the same company’ {b} Detain s foreign national on board any such vessel at the port af arrival when required by this Act or when so ordered by an Inimigration Officer. (2). Deliver a foreign national for medical or cther examinations when se ordered by an immigration Officer, (4) Remove a foreign national from the Philippines to the country to which the individuars removal has been directed, of (2) Pay the cost of detention and such other costs and expenses necessary or incidental ta the removal of the excluded foreign national as provided in this Act SEC. 91. Penalty for Non-compliance of Obligation — The owner, operator, master, captain, plot, agent or consignee of a vessel who violates Sectan 90 of this Act shall pay the fines prescribed in Chapter 6, Title VI of this Act, No vessel shall be granted clearance from any port in the Pheippines While euch fines remain unpeid or while the validity thersaf is being determined: Provided. That dlearance may be granted priar to such determination upon deposit of a sum or cash band sufficient to cover such fines 2s appraved by the Commissioner, TITLE ¥ DEPORTATION CHAPTER 4 DEPORTABLE FOREIGN NATIONALS 25SEG. 92. Classes of Deportable Foreign Nationals. ~ The following foreign nationals shell be taken into custody upon the order of the Commissioner and deported upon recommendation by te BS! and approval by the Board (a) Those who entered the Philippines: (1) by means of misrepresentations or false or misleading statements or cocuments, or (2) without inspection end admissian By tne immigration authorities: Xb} Those whe ware not lawfully admissible at the time of entry, (c} Those who abet or aid in the practice of prostitution, including the owner or manager of a prostitution den, or wha are pedophiles: (a) Those who, ai any time after the date of entry, have become @ public charge, {e) Those wne remain in the Philippines in violation of any periad ef limitation or condition under whieh they were admitted (| ‘Those who believe in, advise, advocate, teach, or otherwise engage in any activiy the purpose of which is the opposition to, or the contro! or overthrow of, the Goverment of the Republic of the Philippines or any of its duly constituted authority by force, violence. or other unlawful means, oF those who do not believe in or are opposed to onganized governments, oF those who advise, advocate or teach the assault or assassination of public officials, or those who advise, advocate or teach the uniawlul destruction of property, or those who are members of oF affiliated with any organization entertaining, advocating or teaching such decinnes, or those who in any manner whatsoever extend assistance, financial or otherwise. in the dissemination of such doctrines; (q) Those wno, at any time after entry, engage in, abet, aid or finance any terrorist activity, (h) Those who, at any time after entry, are charged of a crime involving acts or omissions punishable under Philippine penal laws cognizable by the Regional Tral Courts and the Sangiganbayan, {Those who. at any time after entry, are convicted by final judgment of a crime involving ‘morat turpitude punishable under Philippine penal laws; (Those who were admitted 25 non-immigrants and who obtained an adjusiment of their admission status for convenience, or through fraud, falsifeation of Gacuments, misrepresentations or concealment of material facts, {k) Those whe wiolated Phifippine labor and taxation iaws, rules and regulations. () Those who are found to be undesirable and whose further stay in the Philippines is inimical to public welfare and interest, or the eignity of Filipinos or the Republic of the Philippines as a sovereign nation, (m) ‘Those who forge, countertel, alter or falsely make any document: or use, atternp! to use, possess, obtain, accept or receive, or provide any forged, counterfeit, altered ar falsely made Socument of use, atlampt to use, provide, altempl to pravide, accept a¢ receive 8 genuine document, even of another person, witheut authority to do s0 for the purpose of satisfying or complying with the requirements of the Bureau: (n) Those whose presence or activities in the country may result in adverse consequences to Philippine foreign policies as determined by the Secretary of Foreign Affairs: (0) Those who misrepresented themselves as Filipino citizens in all immigration matters; and, (p} Those who commit any violation of the pravisons of this Act, independent of any criminal ction which may be brought against ther: Provided, That in the case of a foreign national WNo, for eny reason, is convicted and sentenced to suffer koth imprisonment and deportation, said foreign national shall first Serve the entire period of tne sentence belore being deported, CHAPTER 2 DEPORTATION PROCEEDINGS ‘SEC. 93, Nature of Deportation Proceedings. — Deportation proceedings shall be independent of any ‘Action that may be instivted against a foreign national Provided, That no deportation order shall be issued against foreign nationals facing preliminary investigation, prosecution and trial before competent authorities. SEC. 84. Non-Prescription of Deportation Cases. — The right of the State to initate deportation proceedings shall not prescribe. 26